Terms of Use

Effective Date: This Terms of Use Agreement was last updated on August 8, 2014.
You can see past versions of orgLib Terms of Use here on Github.

This Terms of Use Agreement sets forth the standards of use of the orgLib Online Service. orgLib ("us" or "we" or "the Site") provides its services to you subject to the following conditions. By using the orgLib.com website you (the Member or User) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at orgLib.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

orgLib is providing online Users with a free access to k-12 educational contents such as math assessments and question items bank. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Users access to the Internet, and (3) pay any fees relate with such connection.

Eligibility

This Site is intended for Users of all ages who are consuming k-12 assessments.

User-generated Comment

Users have no way to add contents to the site other than Comments. Comments are submited in private manner and are not shared publicly on the site.

Copyright Complaints

The Site does not allow uploading, posting or otherwise transmitting on the orgLib website or service any materials other than commnents which are not shared publicly. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright.

Inappropriate Comment.

While comments are not shared publicly we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong on a site like orgLib. Therefore, you may not post commnents that:

is obscene

depicts graphic or gratuitous violence

makes threats of any kind or that intimidates, harasses, or bullies anyone

orgLib may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the Comment located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the Comment located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties sites.

Disclaimer of Warranties.

The site is provided by orgLib on an as is and on an as available basis. To the fullest extent permitted by applicable law, orgLib makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. orgLib shall have no liability for any interruptions in the use of this Website. orgLib disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Access and Interference

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to orgLib by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

Additionally, you agree that you will:

use the worksheet contents (question items, assessments and images) for personal use in a class room/company/home/etc..., and I will NOT placed the contents as links back from my site to our home page.

use the worksheet contents (question items, assessments and images) for personal use where you are allowed to alter the questions and the images in any way and adding text to them as time it is used for personal use and not for commercial use.

use the worksheet contents (question items, assessments and images) for personal use and the contents are not free for commercial use. So it is forbidden to use the contents for any commercial activity. If you wish to do so, please contact us.

not include the site or worksheet contents (question items, assessments and images) in any kind of archive on any other site, on a CD, or redistributed in any way and also cannot be reproduced, copied without authorization. If you wish to do so, please contact us.

not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

copy, reproduce, modify, create derivative works from, distribute, or publicly display any Comment (except for Your Information) from the Site without the prior expressed written permission of orgLib and the appropriate third party, as applicable;

interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or

bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

No Spam Policy

You understand and agree that sending unsolicited email advertisements to orgLib users or through orgLib computer systems, which is expressly prohibited by these Terms of Use, will use or cause to be used servers located in California. Any unauthorized use of orgLib computer systems is a violation of the Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Limitation of Liability

ORGLIB SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ORGLIB SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ORGLIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

orgLib claims no responsibility for any damage that may or may not have resulted from using the contents provided here.

Indemnification

Member agrees to indemnify and hold orgLib, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Members use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Members computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

orgLib reserves the right to modify or discontinue the Service with or without notice to the Member. orgLib shall not be liable to Member or any third party should orgLib exercise its right to modify or discontinue the Service. Member acknowledges and accepts that orgLib does not guarantee continuous, uninterrupted or secure access to orgLib and operation of orgLib may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Disclaimer Regarding Accuracy of Public Domain Contents

Most of the images in orgLib are developed by orgLib designers, however some of the images in orgLib are collected from public domain sources.

(1) Copyright status for any particular image can only be ultimately determined though the legal or judicial system of a particular jurisdiction. While careful research has gone into sourcing the images and content on this site, there is always a possiblility that an image on this site that is not developed by orgLib is not in the public domain. As orgLib would like to continue to offer orgLib.com for your use for free, you must accept full responsibility for using the public domain images on orgLib.com that are not developed by orgLib. orgLib does not make any guarantees that the public domain images that are not developed by orgLib are free of copyright, are fit for any particular purpose, and assumes no liability for their use. Because orgLib.com and its contents are free of charge, orgLib provides absolutely no warranty. Except when otherwise stated in writing, orgLib provides the content and images "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the content is with you. Should any part of orgLib.com or its content prove defective or not to be in the public domain you assume the cost of all necessary servicing, repair, correction and other costs that might happen to you or your product or clients or customers from using content or images from orgLib.com or any derivatives of your work that included or was derived from orgLib.com content.

In no event will orgLib be liable to you for damages, including any lost profits, lost monies, or other special, incidental or consequential damages arising out of the use or inability to use (including but not limited to loss of data or data being rendered inaccurate or losses sustained by third parties or a failure of the pictures/images/software to operate with any programs) the site or its contents, even if you have been advised of the possibility of such damages, or for any claim by any other party.

You agree to indemnify and hold orgLib harmless from any loss, claim, demand or expense, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the images or content on orgLib.com, your violation of these Terms of Use, or your violation of any rights of another.

(2) orgLib has made a good faith effort to include on orgLib.com only images that are developed by orgLib designers or images which appear to be in the public domain. Images are collected from sources which either place their images in the public domain, abandon their copyright, or have expired copyright. However, orgLib can not and does not guarantee that any public domain images on orgLib.com are in the public domain. Moreover, copyright laws may differ in each country or jurisdiction. orgLib bases its research regarding the copyright status of images and content on orgLib.com on the laws of the United States. orgLib has not researched or determined the copyright status of the images and content on this site with respect to any other countries or jurisdictions.

Governing Jurisdiction of the Courts of Washington State

orgLib is operated and provided in the State of Washington. As such, we are subject to the laws of the State of Washington, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that orgLib or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Washington.

Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Communications and Postings

Visitors may only post Comments in private manner and are not shared publicly so long as the Comment is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of other Comment. orgLib reserves the right (but not the obligation) to remove or edit such Comment.

Impersonate any person or entity, including, but not limited to, an orgLib official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

"Stalk" or otherwise harass another individual or business;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Comment transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

Create or submit unwanted e-mail or messaging ("Spam") to any other orgLib user.

Use or attempt to use another's account, service, or system without authorization from orgLib, or create a false identity on the Service or the Site.

Use any automated process or service to access and/or use the Site (such as a BOT, a spider, periodic caching of information stored by orgLib, or "meta-searching");

Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Site;

Damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with anyone's use and enjoyment of the Site; or

Resell or redistribute the Site or any part thereof.

Botnets

orgLib retains the right, at our sole discretion, to terminate any IP involved with botnets and related activities. If any hostnames are used as command and control points for botnets, orgLib reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by orgLib, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.